SCOTLAND’S chief constable is considering ending the stopping and searching of individuals not actually suspected of any criminal activity.

The announcement was made yesterday by the First Minister after revelations earlier this week that children under 12 are still subject to the practice.

This is despite Assistant Chief Constable Wayne Mawson telling a Holyrood committee in June that the process was “indefensible” and would be scrapped.

There are currently two types of stop and search used by police in Scotland.

The first, statutory searches, require grounds for reasonable suspicion and do not need the person’s consent. The second, “non-statutory” searches do not require reasonable suspicion. But police officers are not required to inform people that they may refuse.

The First Minister said the Scottish Police Authority had asked for an explanation from Police Scotland as to why children were being searched.

Stop and search can be a vital tool that the police have at their disposal but there is a concern that the use of consensual non-statutory stop and search raises issues.

Nicola Sturgeon

Nicola Sturgeon told Holyrood that Chief Constable Sir Stephen House has indicated he now wants to “move to a situation” where the so-called non-statutory searches are no longer carried out.

She said: “Stop and search can be a vital tool that the police have at their disposal but there is a concern that the use of consensual non-statutory stop and search raises issues.

“What the chief constable has indicated to me – and I welcome this – is that he now wants to move to a situation where the practice of consensual stop and search is ended for everyone.”

Meanwhile, Mr Mawson is to be recalled to Holyrood to explain why the practice continued after his June visit.

Alison McInnes, the Lib Dems’ spokeswoman on justice, said: “Parliament is owed an explanation as to why something acknowledged as indefensible nevertheless was permitted.”